Decision  Beshr Abdel-Azim v. Kidde Fenwal, Inc.

Date:	05/20/2010
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 052057-98
Location:	Boston

• Employee: Beshr Abdel-Azim
• Employer: Kidde Fenwal, Inc.
• Insurer: Travelers Insurance Company

HORAN, J. The employee appeals from a decision denying and dismissing his claim for an alleged work related emotional injury.¹  Without conducting an evidentiary hearing, he judge concluded the employee's workers' compensation claim was barred due to the preclusive effect of findings made by a superior court judge, who dismissed the employee's wrongful termination claim.²  (Dec. 6-7) We vacate the decision, and recommit the case for a hearing and a decision consistent with this opinion.

¹  General Laws c. 152, § 1(7A), provides in pertinent part:

Personal injuries shall include mental or emotional disabilities only where the predominant contributing cause of such disability is an event or series of events occurring within any employment. . . .  No mental or emotional disability arising principally out of a bona fide, personnel action including a transfer, promotion, demotion, or termination except such action which is the intentional infliction of emotional harm shall be deemed to be a personal injury within the meaning of this chapter.

²  The hearing decision lists the superior court judge's "Findings of Fact, Ruling of Law & Order of Judgment" as exhibit 6.